Tax residency status for 2020. I came to US in 2017 as a F1 student. My visa changed to H1B on Oct 1 2020. I am wondering for 2020 if I am considered a nonresident alien?

[shubham1310]

Can I be considered dual status for residency for 2020 or not?

[LinaJ2020 · Accepted solution]

Yes, you can treat yourself as a dual status.

You have two options:

1.  Treat yourself as a non-resident by filing a Form 1040-NR.  You cannot file with TurboTax.  Please visit Sprintax.

2.  If you anticipate you will be staying in the US for at least 183 days in the year 2021 or meet the Substantial Presence Test SPT, you can make an election to treat yourself as a resident from October 2010, to file as a dual-alien alien. Please see FirstYearChoice- Residency Starting Date under the First-Year Choice. 

If you meet the requirements, for the year 2020, you will be filing as a non-resident for the first 10 months and a resident for the rest of the year. To read more about dual status, click here: Dual status

[shubham1310]

In either case, if I stay in US for more than 183 days in 2021, I will be considered a resident alien for 2021 right?

[LinaJ2020]

That is correct.

[HeavyRiver]

@LinaJ2020 

Thanks for your answer. Though the answer is for 2020, I think it is the same for 2021 as well.
And I have a further question, though I anticipate I'll be staying in the US for at least 183 days in 2022 this year, I can file taxes as a non-resident for the whole 2021 tax year.  Am I right? 
I am just wondering what the benefits or drawbacks are for the two options since dual status is more complicated and maybe an extension is required.

[ErnieS0]

Can you clarify your question @HeavyRiver? The answer provided by awesome Tax Expert @LinaJ2020 was for someone whose visa status changed on October 1, 2020.

That person could file as a nonresident in 2020 but presumably stayed in the US for all of 2021 and would file as a resident in 2021.

Are you saying you did not meet the substantial presence test in 2021? If so you can file as a nonresident for 2021 or make the first year choice and file dual-status for 2021.

Which choice is better depends on many factors including your income, deductions and amount of time you were on an H1B visa in 2021.

TurboTax partner Sprintax.com can help.